Mat Rueda Law Firm

FILING A DIVORCE IN TEXAS -Step by Step Guide

Step 1. Prepare and File the Petition

The divorce process officially begins when one spouse, the Petitioner, files an Original Petition for Divorce with the district court in their county. This document outlines the grounds for divorce, which in Texas can be either no-fault (insupportability) or fault-based (adultery, cruelty, abandonment, etc.).

Step 2: Serve the Other Spouse

Once filed, the Petition must be legally served to the other spouse, known as the Respondent. This can be done through a process server, sheriff, or, if the Respondent agrees, by signing a Waiver of Service.

Step 3: Responding to the Petition

The Respondent has 20 days to file a response. If they contest any aspect of the divorce, negotiations or court hearings may be necessary.

Step 4: Settlement or Trial

If both parties agree on major issues such as property division, child custody, and spousal support, they can submit a settlement agreement. If not, the case may go to trial, where a judge will decide the terms.

Step 5: Finalizing the Divorce

Texas law requires a 60-day waiting period before a divorce can be finalized. Once all issues are resolved, the court issues a Final Decree of Divorce, legally ending the marriage.

Who Can File for Divorce in Texas?

Almost anyone who meets the residency requirements mentioned above can file for divorce in Texas. However, there are a few important things to keep in mind:

Either Spouse Can File: In Texas, either spouse can initiate the divorce process. This means that you do not need the consent of your spouse to file for divorce. If you’re the one seeking a divorce, you can file the petition, even if your spouse does not want to divorce. Conversely, if your spouse files for divorce, you will be the respondent in the case.

No-Fault Divorce: Texas is a "no-fault" divorce state. This means that you do not need to prove that your spouse did something wrong, such as committing adultery or abandoning the marriage, in order to file for divorce. A divorce can be filed based on the grounds of "insupportability," meaning that the marriage is no longer workable due to irreconcilable differences. If you and your spouse agree on the terms of the divorce, the process can be quicker and less contentious.

Fault Divorce: While a no-fault divorce is common, you can still file for divorce on fault-based grounds, such as cruelty, adultery, or abandonment. However, filing for a fault divorce requires that you provide evidence supporting your claims, which can make the process more complicated and lengthy.

Grounds for Divorce in Texas

As mentioned earlier, Texas offers both no-fault and fault-based divorce grounds. The most common grounds for divorce in Texas are:

No-Fault Grounds:

Insupportability: The marriage has become insupportable due to irreconcilable differences, making it impossible for the couple to continue living together as husband and wife.

Fault Grounds:

Adultery: One spouse has committed adultery during the marriage.

Cruelty: One spouse has treated the other spouse with cruelty, making living together unbearable.

Abandonment: One spouse has abandoned the other for at least one year with the intention of abandoning the marriage.

Conviction of a Felony: If one spouse has been convicted of a felony and has been imprisoned for at least one year.

Living Apart: If the spouses have lived apart for at least three years without cohabitation.